County Oks $1 Million Settlement In Crash Death

County taxpayers will pay $1 million to settle a lawsuit brought by the family of a 63-year-old Boca Raton landscaping contractor who was killed two years ago by a county truck.

The County Commission on Tuesday approved the payout -- one of the largest in county history -- to the family of the victim, Leo B. Tucker, who died on Nov. 3, 2001, said Drew McMahon, chief assistant county attorney.

The crash happened just before 4 p.m. Oct. 29, 2001, on Lyons Road west of Boca Raton. Ken Schuler, a vegetable specialist for the Palm Beach Cooperative Extension Service, allegedly fell asleep at the wheel of a Chevrolet Blazer and woke up facing oncoming traffic, McMahon said. The Blazer collided with the pickup driven by Tucker, who was on his way to work. Schuler could not be reached for comment and there was no telephone listing for him in Palm Beach County.

Eugene Pettis, the Fort Lauderdale attorney for the family, said the county should have done more to check its employees' driving abilities. Schuler, who has retired, may have had a sleep disorder, Pettis said.

But McMahon said there was no evidence Schuler had previously fallen asleep while driving, and in his 20 years as a county employee he had one fender-bender accident.

Schuler's driving history wasn't the issue, McMahon said. The issue was that Schuler allegedly caused the accident by falling asleep, McMahon said. "We had no defense," McMahon said.

Violet Tucker, the victim's wife of more than 40 years, said she was pleased with the settlement. "There's no money that can bring my husband back," she said.

The county's largest settlement, $2.8 million, was in 1996 to Ronald Hungerford, whose teenage son, Billy, was impaled by an improperly installed guardrail when his car crashed into it, McMahon said.

Prashant Gopal can be reached at pgopal@sun-sentinel.com or 561-243-6602.